Terms of service
TERMS & CONDITIONS
Version Date: November 14th, 2021
TERMS & CONDITIONS AGREEMENT
YOUR ACCESS TO AND USE OF THE WEBSITE OR OUR COMPANY SERVICES IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL VISITORS, USERS AND OTHERS WHO WISH TO ACCESS THE WEBSITE OR USE OUR COMPANY SERVICES. BY ACCESSING OR USING THE WEBSITE OR COMPANY SERVICES YOU AGREE TO BE BOUND BY THIS AGREEMENT.
You may be required to create an account to use the Website (“Account”). You agree that the information provided in connection with the Account is accurate and complete and will be kept up-to-date. You are solely responsible for keeping your Account secure, and for actions that happen on or through your Account (including any purchases made), whether or not such actions were taken by you. You may not use another person’s user account or registration information without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for or related to your Account.
You agree to pay Company all charges at the prices then in effect for the products you or other persons using your account or payment method may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. Posted prices do not include sales tax, which will be charged to you when applicable. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Products purchased or otherwise provided through the Website, including samples and gift items, are for personal use only and are not for resale, unless you specifically are purchasing through our wholesale purchasing program. All purchases are subject to Company policies and procedures relating to processing, shipping and handling, returns and exchanges, as set forth in this Agreement or on the Website. By placing an order, you represent that the products ordered are legal to possess and use where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules and regulations.
Please note: Please note that once your order has been placed we will be unable to cancel or make any changes. If you have any questions or require assistance placing your order please contact us using the contact form on the Website.
Our products may at times be sold on a subscription basis. We may initiate and cancel a subscription program at any time. If you have ordered a product that is subject to recurring subscription charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. If we receive your cancelation notice after the date assigned for cancelation, then you will be charged for an additional subscription period.
All sales of products are subject to the terms of Company’s product guaranty that can be viewed on the Website.
COLLECTION OF SALES OR USE TAX
Company does not collect sales or use taxes in all states. Your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet, by catalog or by other remote means. Your state may require you to report all purchases that were not taxed and to pay the tax on those purchases on a sales, use or income tax return. Details on how to report and pay these taxes may be found at the applicable state's website.
REFUSAL OF ORDERS
Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized voucher or gift card use, product availability, and price discrepancy, or shipment to freight services whose intent is to ship products outside of Company’s service areas.
By using the Company Services, you represent and warrant that:
- all registration information and all other information that you submit to or through the Website (“Customer Information”) is truthful, accurate, current and complete. If you provide any Customer Information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such Customer Information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof);
- you will maintain and promptly update your Customer Information on the Website to keep it true, accurate, current and complete;
- you will keep your Website password and other login information confidential and will be responsible for all use of your password and account;
- you are not a minor in the jurisdiction in which you reside; and
- your use of the Company Services does not violate any applicable law or regulation.
We do not accept any unsolicited ideas to this Website from outside the company including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You hereby grant Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
You may not access or use the Website or Company Services for any other purpose other than that for which Company makes it available. The Website and Company Services are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activities include, but are not limited to:
- systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
- making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;
- engaging in unauthorized framing of or linking to the Website and using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user or other third party without said third party’s prior explicit consent;
- engaging in any automated use of the Website, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
- interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
- attempting to impersonate another user or person;
- using the Company Services as part of any effort to compete with Company;
- decompiling, disassembling or reverse engineering any of the software comprising or in any other way used by the Website;
- attempting to bypass, circumvent, disable and/or otherwise interfere with any measures of the Website designed to prevent and/or restrict access to the Website, prevent and/or restrict use of the Website, and/or otherwise secure and/or protect the Website, or any portion of the Website;
- harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services;
- violating any party's right of publicity, right of privacy or any other proprietary rights, or promoting and illegal activities.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws, regulations and conventions. Company Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company. The Company Content on the Website is provided to you “AS IS” for your information and personal non-commercial use only, may not be used other than in connection with purchases from the Website for your personal non-commercial use, and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever, without the prior written consent of the Company, or in the case of Company Content owned by third party licensors and licensed to Company, the prior written consent of the owner of such materials. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company or the owner of such content is prohibited. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Company Content or that enforce limitations on use of the Website or the Company Content.
THIRD PARTY WEBSITES
The Website contains (or you may be sent through the Website or the Company Service to) links to other websites ("Third Party Websites") The Third Party Websites are not investigated, monitored or cleared by us for accuracy, appropriateness, completeness, functionality or legal compliance, and we are not responsible for any Third Party Websites accessed through the Website, including without limitation the content, accuracy, offensiveness, appropriateness, reliability, functionality, privacy practices or other policies, and legal compliance of or contained in the Third Party Websites. Inclusion of, linking to or permitting the use of any Third Party Website does not imply approval or endorsement thereof by us. If you decide to leave the Website and access any Third Party Websites, you do so solely at your own risk and you should be aware that, notwithstanding anything otherwise set forth in this Agreement regarding the Website and Company Content, our terms and policies do not apply to the Third Party Websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Website. Company takes no responsibility whatsoever in relation to any purchases you make through Third Party Websites, and said purchases are exclusively made between you and the applicable third party.
TERM & TERMINATION
This Agreement shall remain in full force and effect while you use the Website, our Company Services and/or are a registered user of the Website. You may terminate your registration with the Website at any time, for any reason, by following the instructions provided on the Website for terminating user accounts.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO TEMPORARILY AND/OR PERMANENTLY (A) DENY ACCESS TO AND USE OF THE WEBSITE AND/OR THE COMPANY SERVICES, TO ANY PERSON, AND (B) REMOVE OR DELETE YOUR ACCOUNT ON THE WEBSITE AND/OR ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED TO THE WEBSITE, AT ANY TIME AND FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT OR FOR VIOLATION OF ANY APPLICABLE LAW, REGULATION OR CONVENTION.
Notwithstanding anything otherwise set forth in this Agreement regarding termination of your Website account and/or termination of this Agreement, any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination of this Agreement, shall be deemed to survive, and shall remain in full force and effect, for as long as necessary to fulfill such purposes.
WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE AND THROUGH THE COMPANY SERVICES, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR WEBSITE OR THE COMPANY SERVICES, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE WEBSITE OR THE COMPANY SERVICES OR THE RESULTS THAT CAN BE EXPECTED FROM THE USE OF OUR PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF OUR PRODUCTS AND COMPANY SERVICES IS AT YOUR OWN RISK. THE PRODUCTS AND COMPANY SERVICES, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE COMPANY SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE FEES YOU PAID TO COMPANY FOR PRODUCTS AND SERVICES IN THE TWO MONTHS PRECEEDING THE CLAIM.
All information posted on the Website is subject to change at any time. We will make such changes by posting them on the Website. You should check the Website for such changes frequently. Your continued access of the Website and use of the Company Services after such changes demonstrates your acceptance of those changes.
You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Website, products, or the Company Services, (ii) any breach by you of any of the terms of this Agreement, and/or (iii) any violation of applicable law.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Company Services shall be governed and construed by the law of California, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against Company arising out of or related in any respect to this Website, Company products, and the Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over ________ County, State of California; subject, however, to the right of Company, at the Company's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Company Service (including your visit to or use of the Website and/or the Company Service) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys' fees and costs if we have to take any legal action to enforce this Agreement.
Except as explicitly stated otherwise, any notices given to Company shall be given using the contact form on the Website. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
Your use of the Company Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services and purchases of Company products. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
CONTACT US In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth on the Website, or if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.